Legal Opinion

State v. . Hinson

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 6 opinions

INDICTMENT for a Misdemeanor tried at Fall Term, 1879, of Anson Superior Court, before Seymour, J. The indictment is drawn under the act of 1879, ch. 127, for carrying a concealed weapon. The state proved that the defendant was seen on the track of the Carolina Central railroad pointing a pistol at a train leaving Lilesville, and that he discharged the same.

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INDICTMENT for a Misdemeanor tried at Fall Term, 1879, of Anson Superior Court, before Seymour, J. The indictment is drawn under the act of 1879, ch. 127, for carrying a concealed weapon. The state proved that the defendant was seen on the track of the Carolina Central railroad pointing a pistol at a train leaving Lilesville, and that he discharged the same. Defendant objected, for that, ■there was no evidence of concealment, exception overruled, verdict of guilty, (but no final judgment pronounced thereon) and the defendant appealed.

1Opinion of the CourtSmith, C. J.

The defendant is indicted for carrying concealed about his person a pistol in violation of the act of March 5th, 1879, and on the trial was found guilty. On inspecting the record it appears that no final judgment has been rendered, and therefore as has been repeatedly held no appeal lies. It is only in civil causes that appeals from in terlocutory orders are allowed. State v. Bailey, 65 N. C., 426; State v. Wiseman, 68 N. C., 203; State v. Keeter, 80 N. C., 472. The appeal must therefore be dismissed, and it is so ordered.

Per Curiam. Appeal dismissed.

2Cases cited3 opinions

  1. State v. . WisemanSupreme Court of North Carolina · 1873
  2. State v. . BaileySupreme Court of North Carolina · 1871
  3. State v. . KeeterSupreme Court of North Carolina · 1879

3Cited by6 opinions

  1. State v. . WebbSupreme Court of North Carolina · 1911
  2. State v. . PollardSupreme Court of North Carolina · 1880
  3. State v. . AndrewsSupreme Court of North Carolina · 1914
  4. State v. . VannSupreme Court of North Carolina · 1881
  5. State v. . RooksSupreme Court of North Carolina · 1934

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